Distracted Driving Still a Problem Despite Cell Phone Ban

September 02, 2011

With more than 22 million drivers on its roads, California became the largest state to enact formal distracted driving laws in 2008. Sections 23123 and 23124 of the California Vehicle Code prohibited use of cell phones without a hands-free device, which enables drivers to dial phone numbers or complete calls without taking their hands from the steering wheel. The law also prohibited all drivers under age 18 from using cell phones behind the wheel. Proponents of the new law suggested that hands-free devices provided the safety and convenience drivers needed to make calls while on the road. The California Highway Patrol (CHP) maintained that hands free devices would curb distracted driving and reduce accidents, therefore saving lives. Opponents questioned how the law would be enforced, citing potential profiling issues, and unfairly singling out cell phones as the primary cause for distracted driving.

Nevertheless, distracted driving appears to be a continuing problem despite the state's cell phone ban. Last year, the Highway Loss Data Institute released a study showing no significant changes in crash rates before and after the landmark law took effect in 2008. The Institute received claims information from more than 80% of the nation's insurers and reviewed data on crashes involving cars that are brand-new to 3 years old. It concluded that there was no evidence indicating that the hands-free rule was reducing crashes. Moreover, it found that the trend of California's crashes before and after the law was enacted mirrored those of neighboring states (Arizona and Nevada) that did not have cell phone bans.

The CHP reported last June that 1,200 accidents occurred where inattention due to cell phone use was the contributing factor. These crashes have caused 850 injuries and 16 deaths on California roads. In fact, several high profile accidents have occurred involving hand held devices. Celebrity plastic surgeon Frank Ryan was killed last summer when his Jeep Wrangler veered off the side of the Pacific Coast Highway in Malibu. The CHP reported that Ryan had been "tweeting" about his border collie from his car shortly before the accident.

Also, the killing of a toddler last November by a college freshman who allegedly was texting behind the wheel prompted outrage from safety advocates. 18-year-old Kaitlyn Dunaway was charged with misdemeanor vehicular homicide when she allegedly struck 2-year-old Calli Murray while she and her mother were walking in a crosswalk. Authorities report that Dunaway acknowledged using her phone at the time of the accident, but it is unclear whether she was talking on the phone or texting at the time. She was charged with texting while driving, driving at an unsafe speed for the conditions and failing to yield the right-of-way to a pedestrian in a crosswalk.

In April, the CHP took part in a statewide crackdown on cell-phone violations along with local police and sheriff's departments. The month-long enforcement sweep yielded more than 52,664 citations for motorists who were texting while driving or not using hands-free devices. The Office of Traffic Safety reported that vehicular fatalities were down seven percent compared to April 2010, but could not attribute the drop to increased enforcement of the cell-phone law.

However, the combination of criticism, lost lives and political pressure prompted the state senate to pass revisions to the current distracted driving laws. Senate Bill 28 increases the fines for initial violations to $50 from $20, while subsequent infractions would be $100. With court costs and other fees, the total cost for a cell phone violation could reach $310. Also, the new law would assess points against a driver's license after the first violation. Currently, points are assessed only after a second infraction. Bicyclists are also prohibited from riding and using cell-phones. Fines for these violations would remain at $20 and $50 respectively, with no points going against one's driver's license.

It remains to be seen whether the increased fines will make a substantial impact, but the bill's author, Senator Joe Simitian of Palo Alto, certainly believes it will. He reported that the law has resulted in least 700 fewer fatalities and 75,000 to 100,000 fewer accidents each year. In an interview with the Napa Valley Register, he explained that he repeatedly heard that the current fines were too modest, and that they wouldn't be anymore.

For those who have been injured in an accident, evidence suggesting that the other driver was talking on a cell-phone or texting while driving could be helpful in establishing negligence. For additional information on how a hands-free device violation could affect your right to compensation, contact an experienced personal injury attorney.

Article provided by Arata, Swingle, Sodhi & Van Egmond
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